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By: Zaffirini S.B. No. 22
A BILL TO BE ENTITLED
AN ACT
relating to the care and custody of foster children and the duties
and responsibilities of the Health and Human Services Commission
and the Department of Family and Protective Services concerning the
care and custody of those children.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 39.052(a), Education Code, is amended to
read as follows:
(a) Each school year, the agency shall prepare and
distribute to each school district and licensed foster care
facility a report card for each campus, including foster care
facilities within the district. The campus report cards must be
based on the most current data available disaggregated by student
groups. Campus performance must be compared to previous campus and
district performance, current district performance, state
established standards, and comparable campus group performance.
SECTION 2. Section 39.053(a), Education Code, is amended to
read as follows:
(a) Each board of trustees shall publish an annual report
describing the educational performance of the district and of each
campus and licensed foster care facility in the district that
includes uniform student performance and descriptive information
as determined under rules adopted by the commissioner. The annual
report must also include:
(1) campus performance objectives established under
Section 11.253 and the progress of each campus toward those
objectives, which shall be available to the public;
(2) the performance rating for the district as
provided under Section 39.072(a) and the performance rating of each
campus in the district as provided under Section 39.072(c);
(3) the district's current special education
compliance status with the agency;
(4) a statement of the number, rate, and type of
violent or criminal incidents that occurred on each district
campus, to the extent permitted under the Family Educational Rights
and Privacy Act of 1974 (20 U.S.C. Section 1232g); or
(5) information concerning school violence prevention
and violence intervention policies and procedures that the district
is using to protect students; [and]
(6) the findings that result from evaluations
conducted under the Safe and Drug-Free Schools and Communities Act
of 1994 (20 U.S.C. Section 7101 et seq.) and its subsequent
amendments; and
(7) information received under Section 51.403(e) for
each high school campus in the district, presented in a form
determined by the commissioner.
SECTION 3. (a) Section 39.182, Education Code, is amended
by amending Subsection (a) and adding Subsection (d) to read as
follows:
(a) Not later than December 1 of each year, the agency shall
prepare and deliver to the governor, the lieutenant governor, the
speaker of the house of representatives, each member of the
legislature, the Legislative Budget Board, and the clerks of the
standing committees of the senate and house of representatives with
primary jurisdiction over the public school system a comprehensive
report covering the preceding school year and containing:
(1) an evaluation of the achievements of the state
educational program in relation to the statutory goals for the
public education system under Section 4.002;
(2) an evaluation of the status of education in the
state as reflected by the academic excellence indicators adopted
under Section 39.051;
(3) a summary compilation of overall student
performance on academic skills assessment instruments required by
Section 39.023 with the number and percentage of students exempted
from the administration of those instruments and the basis of the
exemptions, aggregated by grade level, subject area, campus, and
district, with appropriate interpretations and analysis, and
disaggregated by race, ethnicity, gender, and socioeconomic
status;
(4) a summary compilation of overall performance of
students placed in an alternative education program established
under Section 37.008 on academic skills assessment instruments
required by Section 39.023 with the number of those students
exempted from the administration of those instruments and the basis
of the exemptions, aggregated by district, grade level, and subject
area, with appropriate interpretations and analysis, and
disaggregated by race, ethnicity, gender, and socioeconomic
status;
(5) a summary compilation of overall performance of
students at risk of dropping out of school, as defined by Section
29.081(d), on academic skills assessment instruments required by
Section 39.023 with the number of those students exempted from the
administration of those instruments and the basis of the
exemptions, aggregated by district, grade level, and subject area,
with appropriate interpretations and analysis, and disaggregated
by race, ethnicity, gender, and socioeconomic status;
(6) a summary compilation of the overall performance
of students in foster care or other residential care under the
conservatorship of the Department of Family and Protective Services
on academic skills assessment instruments required by Section
39.023 with the number of those students exempted from the
administration of those instruments and the basis of the
exemptions, aggregated by district, grade level, and subject area,
with appropriate interpretations and analysis, and disaggregated
by race, ethnicity, gender, and socioeconomic status;
(7) [(6)] an evaluation of the correlation between
student grades and student performance on academic skills
assessment instruments required by Section 39.023;
(8) [(7)] a statement of the dropout rate of students
in grade levels 7 through 12, expressed in the aggregate and by
grade level, and a statement of the completion rates of students for
grade levels 9 through 12;
(9) [(8)] a statement of:
(A) the completion rate of students who enter
grade level 9 and graduate not more than four years later;
(B) the completion rate of students who enter
grade level 9 and graduate, including students who require more
than four years to graduate;
(C) the completion rate of students who enter
grade level 9 and not more than four years later receive a high
school equivalency certificate;
(D) the completion rate of students who enter
grade level 9 and receive a high school equivalency certificate,
including students who require more than four years to receive a
certificate; and
(E) the number and percentage of all students who
have not been accounted for under Paragraph (A), (B), (C), or (D);
(10) [(9)] a statement of the projected
cross-sectional and longitudinal dropout rates for grade levels 9
through 12 for the next five years, assuming no state action is
taken to reduce the dropout rate;
(11) [(10)] a description of a systematic, measurable
plan for reducing the projected cross-sectional and longitudinal
dropout rates to five percent or less for the 1997-1998 school year;
(12) a summary of the educational status of students
in foster care or other residential care under the conservatorship
of the Department of Family and Protective Services, grades PK-12,
which includes their achievement on the academic skills assessment
instruments required by Section 39.023, college entrance
examinations, dropout rates, retention rates and high school
graduation rates, a systematic plan for improving the educational
status and lowering the dropout rate of these children and an
evaluation of the success of the plan;
(13) [(11)] a summary of the information required by
Section 29.083 regarding grade level retention of students and
information concerning:
(A) the number and percentage of students
retained; and
(B) the performance of retained students on
assessment instruments required under Section 39.023(a);
(14) [(12)] information, aggregated by district type
and disaggregated by race, ethnicity, gender, and socioeconomic
status, on:
(A) the number of students placed in an
alternative education program established under Section 37.008;
(B) the average length of a student's placement
in an alternative education program established under Section
37.008;
(C) the academic performance of students on
assessment instruments required under Section 39.023(a) during the
year preceding and during the year following placement in an
alternative education program; and
(D) the dropout rates of students who have been
placed in an alternative education program established under
Section 37.008;
(15) [(13)] a list of each school district or campus
that does not satisfy performance standards, with an explanation of
the actions taken by the commissioner to improve student
performance in the district or campus and an evaluation of the
results of those actions;
(16) [(14)] an evaluation of the status of the
curriculum taught in public schools, with recommendations for
legislative changes necessary to improve or modify the curriculum
required by Section 28.002;
(17) [(15)] a description of all funds received by and
each activity and expenditure of the agency;
(18) [(16)] a summary and analysis of the
instructional expenditures ratios and instructional employees
ratios of school districts computed under Section 44.0071;
(19) [(17)] a summary of the effect of deregulation,
including exemptions and waivers granted under Section 7.056 or
39.112;
(20) [(18)] a statement of the total number and length
of reports that school districts and school district employees must
submit to the agency, identifying which reports are required by
federal statute or rule, state statute, or agency rule, and a
summary of the agency's efforts to reduce overall reporting
requirements;
(21) [(19)] a list of each school district that is not
in compliance with state special education requirements,
including:
(A) the period for which the district has not
been in compliance;
(B) the manner in which the agency considered the
district's failure to comply in determining the district's
accreditation status; and
(C) an explanation of the actions taken by the
commissioner to ensure compliance and an evaluation of the results
of those actions;
(22) [(20)] a comparison of the performance of
open-enrollment charter schools and school districts on the
academic excellence indicators specified in Section 39.051(b) and
accountability measures adopted under Section 39.051(g), with a
separately aggregated comparison of the performance of
open-enrollment charter schools predominantly serving students at
risk of dropping out of school, as defined by Section 29.081(d),
with the performance of school districts; and
(23) [(21)] any additional information considered
important by the commissioner or the State Board of Education.
(d) The agency shall annually provide to the Department of
Family and Protective Services the data on the educational status
and academic performance of students in foster or other residential
care under the conservatorship of the department.
(b) The Texas Education Agency, in coordination with the
Legislative Budget Board, shall:
(1) develop a set of results-based performance
measures to evaluate the academic achievement of students in foster
care or other residential care under the conservatorship of the
Department of Family and Protective Services; and
(2) include the measures in the state dropout plan
beginning in 2006.
SECTION 4. Section 42.006(c), Education Code, is amended to
read as follows:
(c) Annually, the commissioner shall review the Public
Education Information Management System and shall repeal or amend
rules that require school districts to provide information through
the Public Education Information Management System that is not
necessary. In reviewing and revising the Public Education
Information Management System, the commissioner shall develop
rules to ensure that the system:
(1) provides useful, accurate, and timely information
on student demographics and academic performance, personnel, and
school district finances;
(2) contains only the data necessary for the
legislature and the agency to perform their legally authorized
functions in overseeing the public education system; [and]
(3) does not contain any information related to
instructional methods, except as required by federal law; and
(4) provides useful, accurate and timely information
on the educational conditions and academic performance of students
in foster care.
SECTION 5. Section 54.211, Education Code, is amended to
read as follows:
Sec. 54.211. EXEMPTIONS FOR STUDENTS IN FOSTER OR OTHER
RESIDENTIAL CARE. (a) A student is exempt from the payment of
tuition and fees authorized in this chapter if the student:
(1) was in foster care or other residential care under
the conservatorship of the Department of Family and Protective [and
Regulatory] Services on or after:
(A) the day preceding the student's 18th
birthday;
(B) the day of the student's 14th birthday, if
the student was also eligible for adoption on or after that day; or
(C) the day the student graduated from high
school or received the equivalent of a high school diploma; and
(2) enrolls in an institution of higher education as
an undergraduate student not later than:
(A) the third anniversary of the date the student
was discharged from the foster or other residential care, the date
the student graduated from high school, or the date the student
received the equivalent of a high school diploma, whichever date is
earliest; or
(B) the student's 21st birthday.
(b) The Texas Education Agency and the Texas Higher
Education Coordinating Board shall develop outreach programs for
students in foster or other residential care in grades 9-12 to
ensure that they are aware of the availability of the exemption from
the payment of tuition and fees authorized in this section.
SECTION 6. Section 261.310, Family Code, is amended by
adding Subsection (e) to read as follows:
(e) The department, in conjunction with the Department of
Public Safety, shall provide advanced training to its residential
licensing investigators in investigative protocols and techniques.
SECTION 7. Section 261.002, Family Code, is amended by
adding Subsection (c) to read as follows:
(c) The department shall enter into agreements with other
states to allow for the exchange of reports of child abuse or
neglect in other states' central registry systems. The department
shall use information obtained under this section in performing the
background checks required under Section 42.056, Human Resources
Code. The department shall cooperate with federal agencies and
shall provide information and report to the appropriate Federal
agencies maintaining the national registry for child abuse and
neglect.
SECTION 8. Subchapter E, Chapter 261, Family Code is
amended by adding Section 261.410 to read as follows:
Sec. 261.410. REPORT OF ABUSE BY OTHER CHILDREN. (a) The
department shall require a residential care facility to report each
incident of physical or sexual abuse committed by one child on
another child.
(b) Using information received under Subsection (a), the
department shall compile a report including information regarding:
(1) the number of cases of physical and sexual abuse
committed by one child on another;
(2) identifying the foster care home or facility;
(3) the dates the allegations of abuse were made;
(4) the dates each investigation was started and
concluded;
(5) the findings and results of each investigation;
and
(6) information regarding the number of children
involved in each incident investigated.
(c) The department may adopt rules to administer this
section.
(d) In this section:
(1) "Physical abuse" means:
(A) physical injury that results in substantial
harm to the child, or the genuine threat of substantial harm from
physical injury to the child, including an injury that is at
variance with the history or explanation given and excluding an
accident or reasonable discipline by a parent, guardian, or
managing or possessory conservator that does not expose the child
to a substantial risk of harm; or
(B) failure to make a reasonable effort to
prevent an action by another person that results in physical injury
that results in substantial harm to the child.
(2) "Sexual abuse" means:
(A) sexual conduct harmful to a child's mental,
emotional, or physical welfare, including conduct that constitutes
the offense of indecency with a child under Section 21.11, Penal
Code, sexual assault under Section 22.011, Penal Code, or
aggravated sexual assault under Section 22.021, Penal Code;
(B) failure to make a reasonable effort to
prevent sexual conduct harmful to a child;
(C) compelling or encouraging the child to engage
in sexual conduct as defined by Section 43.01, Penal Code;
(D) causing, permitting, encouraging, engaging
in, or allowing the photographing, filming, or depicting of the
child if the person knew or should have known that the resulting
photograph, film, or depiction of the child is obscene as defined by
Section 43.21, Penal Code, or pornographic; or
(E) causing, permitting, encouraging, engaging
in, or allowing a sexual performance by a child as defined by
Section 43.25, Penal Code.
SECTION 9. (a) Subchapter E, Chapter 261, Family Code is
amended by adding Section 261.411 to read as follows:
Sec. 261.411. INVESTIGATIONS OF FACILITIES REGULATED BY
DEPARTMENT. (a) The department shall thoroughly investigate all
complaints, allegations, or reports of abuse, neglect, or
exploitation received arising out of a residential child care
facility regulated by the department.
(b) In addition to other investigative procedures provided
by law or by rule authorized in this subchapter, an investigation
under this section shall include:
(1) an interview of the individual reporting the
complaint or allegation;
(2) an interview with each alleged perpetrator and
victim;
(3) an interviews of staff or any other individual
reasonably believed to have information relevant to the
investigation;
(4) a review of any other information that would
corroborate the allegation or complaint, including facility
records, children's records, employee records, medical records,
school records, utility records, criminal records, and records of
the department; and
(5) a background check of any individual alleged to
have abused, neglected, or neglectfully supervised a child at a
facility.
(c) The department shall list on its public website the date
of a call to the statewide intake system, the beginning date of an
investigation, the ending date of an investigation, and the results
of an investigation. The department also shall provide this
information for any investigation that has been administratively
closed.
(d) The department shall make unannounced visits to
facilities when investigating reports received through its
hotline.
(e) The Health and Human Services Commission shall randomly
review reports and investigations made under this section to ensure
that they are made timely and comply with the requirements of this
section.
(f) The Health and Human Services Commission shall report to
the legislature and the governor annually the total number of
reports received and investigations conducted under this section.
The report must include an assessment of the timeliness and
thoroughness of the investigations.
(g) The Department of Public Safety shall assist in training
department staff in advanced methods for conducting investigations
of abuse and neglect at residential child care facilities.
(h) During the course of an investigation conducted under
this section, if it is alleged that a person subject to an
investigation has engaged in illegal drug use, the department shall
require that person to be tested for drugs within 24-hours of the
receipt of notice of the allegation.
(i) The department shall adopt rules and establish
standards and procedures to administer this section.
(b) The Department of Family and Protective Services shall
adopt the rules required by Section 261.411, Family Code, as added
by Subsection (a) of this section, not later than January 1, 2006.
SECTION 10. Section 263.102(a), Family Code, is amended to
read as follows:
(a) The service plan must:
(1) be specific;
(2) be in writing;
(3) be prepared by the department or other agency in
conference with the child's parents;
(4) state appropriate deadlines;
(5) state whether the goal of the plan is:
(A) return of the child to the child's parents;
(B) termination of parental rights and placement
of the child for adoption; or
(C) because of the child's special needs or
exceptional circumstances, continuation of the child's care out of
the child's home;
(6) state steps that are necessary to:
(A) return the child to the child's home if the
placement is in foster care;
(B) enable the child to remain in the child's
home with the assistance of a service plan if the placement is in
the home under the department's or other agency's supervision; or
(C) otherwise provide a permanent safe placement
for the child;
(7) state the actions and responsibilities that are
necessary for the child's parents to take to achieve the plan goal
during the period of the service plan and the assistance to be
provided to the parents by the department or other authorized
agency toward meeting that goal;
(8) state the actions and responsibilities that are
necessary to ensure the child's attendance at school and maintain
or improve the child's academic success in school;
(9) [(8)] state the name of the person with the
department or other agency whom the child's parents may contact for
information relating to the child if other than the person
preparing the plan; and
(10) [(9)] prescribe any other term or condition that
the department or other agency determines to be necessary to the
service plan's success.
SECTION 11. Section 263.502(c), Family Code, is amended to
read as follows:
(c) The placement review report must:
(1) evaluate whether the child's current placement is
appropriate for meeting the child's needs;
(2) evaluate whether efforts have been made to ensure
placement of the child in the least restrictive environment
consistent with the best interest and special needs of the child if
the child is placed in institutional care;
(3) identify the services that are needed to assist a
child who is at least 16 years of age in making the transition from
substitute care to independent living if the services are available
in the community;
(4) evaluate whether the child's current educational
placement is appropriate for meeting the child's academic needs;
(5) [(4)] identify other plans or services that are
needed to meet the child's special needs or circumstances; and
(6) [(5)] describe the efforts of the department or
authorized agency to place the child for adoption if parental
rights to the child have been terminated and the child is eligible
for adoption.
SECTION 12. Section 264.001, Family Code, is amended to
read as follows:
Sec. 264.001. DEFINITIONS [DEFINITION]. In this
chapter:[,]
(1) "Commission" means the Health and Human Services
Commission.
(2) "Department" ["department"] means the Department
of Family and Protective [and Regulatory] Services.
(3) "Psychotropic medication" means a drug that
affects the mind through action on the central nervous system and is
prescribed for depression, schizophrenia, attention deficit
hyperactivity disorder, seizures, and a variety of other similar
conditions.
SECTION 13. Section 264.002, Family Code, is amended by
adding Subsection (f) to read as follows:
(f) Notwithstanding any other law, the department may not
perform directly or provide any daily care or case management
activities or functions under this section after August 31, 2008.
Beginning on September 1, 2008, all those activities and functions
shall be outsourced in accordance with Section 264.106. The
transition to outsourcing shall commence and be accomplished in
accordance with the timing and procedures provided in Section
264.106.
SECTION 14. Section 264.004, Family Code, is amended by
adding Subsection (d) to read as follows:
(d) Effective September 1, 2008, no state funds
appropriated to the department for daily care and case management
activities for foster children may be used except to fund the
outsourcing of those activities in accordance with Section 264.106.
SECTION 15. Section 264.101, Family Code, is amended by
amending Subsection (d) and adding Subsection (g) to read as
follows:
(d) The commission [Board of Protective and Regulatory
Services] may adopt rules that:
(1) establish criteria and guidelines for the payment
of foster care, including medical care, for a child and for
providing care for a child after the child becomes 18 years of age
if the child is regularly attending high school, an institution of
higher education, or a vocational or technical program; and
(2) prescribe the maximum amount of state funds that a
residential facility may spend on non-direct residential services,
including administrative expenses.
(g) The commission shall recover the funds that exceed any
caps established under Subsection (d).
SECTION 16. Section 264.105, Family Code, is amended to
read as follows:
Sec. 264.105. MAXIMIZING FEDERAL FUNDING [MEDICAL SERVICES
PAYMENTS]. (a) The department shall attempt to maximize the use
of federal funding to provide medical care payments authorized by
Section 264.101(c) for children for whom the department has been
named managing conservator.
(b) The commission and the department shall attempt to
maximize the use of federal funding to care for children who have
developmental disabilities or mental retardation and for whom the
department has been named managing conservator. To achieve this
objective, the commission may amend the agreement described in
Section 32.021(b), Human Resources Code, or request appropriate
waivers from the federal government concerning any requirement of
Title IV, Social Security Act (42 U.S.C. Section 601 et seq.) or
other federal law.
(c) For each child receiving foster care under this
subchapter that is eligible to participate in the medical
assistance program under Chapter 32, Human Resources Code, the
department shall promptly:
(1) inform the person providing the care about the
child's eligibility; and
(2) ensure that the person has received any
identification card or similar document that is needed to claim
benefits under Chapter 32.
(d) The department shall train a provider of foster care to
a child who is eligible to participate in the medical assistance
program under Chapter 32, Human Resources Code, about the
procedures for claiming benefits under that program.
(e) The department shall establish procedures or adopt
rules to ensure that a child receiving foster care under this
subchapter receives timely medical services, including dental
care, as required by:
(1) Title IV, Social Security Act (42 U.S.C. Section
601 et seq.); and
(2) any procedures established or rules adopted by the
department to satisfy the requirements of Title IV.
SECTION 17. (a) Section 264.106, Family Code, is amended
to read as follows:
Sec. 264.106. [CONTRACTS FOR] OUTSOURCING OF SUBSTITUTE
CARE SERVICES. (a) It is the policy of this state that beginning
September 1, 2008, the provision of all foster care services
entrusted to the department shall be outsourced in accordance with
this section, and that there be a transition to complete
outsourcing, which shall commence not later than September 1, 2005.
As soon as practicable after that date, the department shall
institute a rulemaking proceeding in accordance with Chapter 2001,
Government Code, to adopt substantive and procedural rules to carry
out the intent and purpose of this section and the transition to
outsourcing to be completed not later than September 1, 2008. [The
department shall:
[(1) assess the need for substitute care services
throughout the state; and
[(2) contract with substitute care providers only to
the extent necessary to meet the need for those services.]
(b) During the transition period and at all times after
August 31, 2008, the department shall contract [Before contracting]
with a substitute care provider, as defined herein, [the department
shall determine whether:] for the provision of all foster care
services assigned to the department under this chapter; provided,
however, that the outsourcing of foster care services shall not
affect or inhibit the rights of the state as the managing
conservator of a foster child. The department shall retain the
responsibility for monitoring the quality of contracted services
and programs and ensuring that the same are provided in accordance
with federal and state law and the rules of the department, the
Department of State Health Services, and the Texas Commission on
Environmental Quality. This subsection shall be construed to
effectuate the intent that the transition to outsourcing be
commenced immediately upon the effective date of this section and
be completed not later than September 1, 2008.
[(1) community resources are available to support
children placed under the provider's care; and
[(2) the appropriate public school district has
sufficient resources to support children placed under the
provider's care if the children will attend public school].
(c) In addition to the requirements of Section 40.058(b),
Human Resources Code, a contract with a substitute care provider
must include provisions that:
(1) enable the department to monitor the effectiveness
of the provider's services; and
(2) authorize the department to terminate the contract
or impose sanctions for a violation of a provision of the contract
that specifies performance criteria.
(d) A substitute care provider shall use caseworker-child
visitation as one of the performance criteria required by
Subsection (c)(2) and establish formal guidelines and
documentation standards for caseworker-child visitation.
(e) [(d)] In determining whether to contract with a
substitute care provider, the department shall consider the
provider's performance under any previous contract for substitute
care services between the department and the provider.
(f) [(e)] In this section, "substitute care provider" means
[a person who provides residential care for children for 24 hours a
day, including]:
(1) a child-care institution, as defined by Section
42.002, Human Resources Code; or
(2) a child-placing agency, as defined by Section
42.002, Human Resources Code[;]
[(3) a foster group home or foster family home, as
defined by Section 42.002, Human Resources Code; and
[(4) an agency group home or agency home, as defined by
Section 42.002, Human Resources Code, other than an agency group
home, agency home, or a foster home verified or certified by the
department].
(g) A transition task force is hereby created to
(1) review the transition plan, including the
substantive and procedural rules required to be adopted under
subsection (a);
(2) monitor the department's implementation of the
transition; and
(3) report to the lieutenant governor, speaker of the
house and the legislative budget board concerning the transition at
least once each quarter.
(h) The task force shall be composed of three members to be
appointed no later than October 1, 2005, consisting of
representatives appointed by each of the following:
(1) the lieutenant governor;
(2) the speaker of the house of representatives, and;
(3) the comptroller of public accounts.
(i) The representative of the comptroller of public
accounts shall serve as the presiding officer of the task force.
(j) The task force shall meet at least monthly and shall
make recommendations to advance the implementation of the
transition. The department shall affirmatively address the
recommendations of the task force by rulemaking or decision, as
appropriate, within (30) days of receipt thereof.
(k) The task force is abolished effective August 31,
2008.
(b) Section 264.106(d), Family Code, as added by Subsection
(a) of this section, applies only to a contract that is entered into
or renewed on or after the effective date of this section. A
contract entered into or renewed before that date is governed by the
law in effect on the date the contract is entered into or renewed
and the former law is continued in effect for that purpose.
SECTION 18. Subchapter B, Chapter 264, Family Code, is
amended by adding Section 264.1062 to read as follows:
Sec. 264.1062. FOSTER CHILD EDUCATIONAL PERFORMANCE. The
department shall monitor the educational performance and
educational placement of a foster child, under objective criteria
developed by the department. The educational performance shall be
considered in department evaluations of foster parents and
department caseworkers.
SECTION 19. Section 264.1075, Family Code, is amended to
read as follows:
Sec. 264.1075. ASSESSING THE NEEDS OF A CHILD [USE OF
ASSESSMENT SERVICES]. (a) As soon as possible after a child
begins receiving foster care under this subchapter, the department
shall assess whether the child has a developmental disability or
mental retardation. The commission shall establish the procedures
that the department uses to make an assessment under this
subsection. The procedures may include screening or participation
by:
(1) a private person experienced in the developmental
disabilities or mental retardation of children; or
(2) a local mental retardation authority.
(b) Before placing a child in substitute care, the
department shall use assessment services provided by a child-care
facility or child-placing agency in accordance with Section
42.0425, Human Resources Code, to determine the appropriate
substitute care for the child.
SECTION 20. Subchapter B, Chapter 264, Family Code, is
amended by adding section 264.1076 to read as follows:
Sec. 264.1076. THE FOSTER CARE DEVELOPMENTAL DISABILITIES
ADVISORY COMMITTEE. (a) The committee shall advise the department
about the care of foster children with developmental disabilities
or mental retardation, including effective methods for:
(1) minimizing the number of foster children placed in
institutions and maximizing the number of foster children receiving
community based care;
(2) training and supporting persons who provide foster
care in a residential setting about the particular needs of
children with developmental disabilities or mental retardation;
(3) training employees of the department to promptly
identify foster children with developmental disabilities or mental
retardation;
(4) monitoring the care provided in residential
settings to foster children with developmental disabilities or
mental retardation;
(5) recruiting individuals to provide foster care in a
residential setting to children with developmental disabilities or
mental retardation; and
(6) contracting with persons to care for foster
children with developmental disabilities or mental retardation.
(b) The commission shall determine the number of persons who
serve on the committee.
(c) The commission shall appoint the members of the
committee and determine each member's length of service. In making
appointments to the committee, the commission shall attempt to
include:
(1) representatives of the commission and other
relevant state agencies;
(2) providers of services to persons with
developmental disabilities or mental retardation;
(3) persons who formerly received care under this
subchapter as foster children;
(4) persons with expertise about developmental
disabilities or mental retardation;
(5) persons who advocate for the rights of children
with developmental disabilities or mental retardation; and
(6) persons related to children with developmental
disabilities or mental retardation.
(d) Chapter 2110, Government Code, does not apply to the
committee.
(e) The commission or the department may pay any expenses
incurred by the committee.
(f) In this section, "Committee" means the advisory
committee to the department about the care of foster children with
developmental disabilities or mental retardation.
SECTION 21. (a) Subchapter B, Chapter 264, Family Code, is
amended by adding Section 264.115 to read as follows:
Sec. 264.115. CONTRACTS BETWEEN RESIDENTIAL TREATMENT
CENTERS AND ON-SITE CHARTER SCHOOLS. A contract between a
residential treatment center or similar facility that provides
services to a child who is receiving foster care under this
subchapter and a charter school located at the center must require
the school to participate in the school health and related services
reimbursement program administered by the commission.
(b) Section 264.115, Family Code, as added by Subsection (a)
of this section, applies only to a contract entered into on or after
the effective date of this section. A contract entered into before
the effective date of this section is governed by the law in effect
on the date the contract is entered into, and that law is continued
in effect for this purpose.
SECTION 22. Subchapter B, Chapter 264, Family Code, is
amended by adding Sections 264.116-264.120 to read as follows:
Sec. 264.116. FOSTER CARE MEDICAL REVIEW TEAM. (a) The
commission shall create a foster care medical review team to review
the diagnostic services, medication, treatment, and therapy
delivered to children in foster care. The commission's deputy
commissioner for health services shall coordinate the team.
(b) The team should include:
(1) child psychiatrists;
(2) psychologists;
(3) pediatricians;
(4) pharmacologists;
(5) pharmacists;
(6) staff assigned to the commission's drug
utilization review program;
(7) the Texas State Board of Medical Examiners;
(8) state medical schools; and
(9) other professionals with experience in diagnostic
services, medication, treatment, and therapy delivered to
children.
(c) The team shall develop a best practices manual
documenting the appropriate use of medications for foster children.
(d) The team shall advise department staff on methods to
evaluate the appropriate use of psychotropic medications and
therapy as an outcome for foster children.
(e) The commission must report the team's results to the
governor, lieutenant governor, and speaker of the house of
representatives not later than January 1, 2006. The report shall
include:
(1) an explanation of the review of the diagnostic
services, medication, treatment, and therapy delivered to children
in foster care required by this section;
(2) a description of the development and distribution
of the best practices manual developed by the team;
(3) a description of the methods used in evaluating
the use of psychotropic medications;
(4) recommendations for the improvement of diagnostic
services, medication, treatment, and therapy delivered to children
in foster care;
(5) recommendations for changes in the Medicaid
program to address improvements in the evaluation, placement and
care of medically fragile children as defined in section 264.119;
and
(6) other information the commission determines is
appropriate.
Sec. 264.117. MONITORING USE OF MEDICATIONS. The staff
assigned to the commission's drug utilization review program shall
monitor the use of medications for foster children by annually
matching Medicaid identification numbers and examining a sample of
the data.
Sec. 264.118. AUTHORIZATION FOR CERTAIN MEDICATIONS.
(a) Administration of a psychotropic medication to a foster child
requires the prior approval of the department managing conservator,
a foster parent, and a parent or legal guardian who has not lost or
surrendered the parent's parental rights.
(b) Before starting any medication, children and their
caretakers shall be provided information on their prescribed
medications in accordance with the guidelines of the American
Academy of Child and Adolescent Psychiatry.
Sec. 264.119. MEDICAL PASSPORT. (a) The department shall
develop a medical "passport" for each foster child. The passport
shall include the child's complete medication, medical, and therapy
history.
(b) The child or child's caretaker shall present the
passport during each physician or therapist visit to ensure that
each physician or therapist has a complete record of the child's
medical treatment.
(c) The passport shall be part of the child's department
record and shall stay with the child as they change placements,
physicians, or therapists and as long as the child is in foster
care.
(d) The department shall evaluate technology options that
may be expanded to include the medical histories of foster
children.
Sec. 264.120. MEDICALLY FRAGILE. (a) Not later than
January 1, 2006, the commission and the department shall implement
a Medicaid catastrophic case management program for medically
fragile foster children under the department's care.
(b) A medically fragile child is a child who:
(1) is younger than age 21;
(2) has a serious, ongoing illness or a chronic
condition that:
(A) has lasted or is anticipated to last at least
twelve months;
(B) requires daily or has required as least one
month of hospitalization; and
(C) requires ongoing medical treatments and
monitoring by appropriately trained personnel, which may include
parents or other family members;
(3) requires the routine use of a medical device or the
use of assistive technology to compensate for the loss of
usefulness of a body function needed to participate in activities
of daily living; and
(4) lives with an ongoing threat to the child's
continued well-being.
(c) The commission may contract with children's hospitals
or other providers for case management services.
(d) The foster care medical review team created under
Section 264.115 shall review cases of medically fragile children
and shall establish best practices guidelines for their evaluation,
placement, and care.
SECTION 23. Subchapter B, Chapter 264, Family Code, is
amended by adding Section 264.121 to read as follows:
Sec. 264.121. PREPARATION FOR ADULT LIVING PROGRAM.
(a) The commission and the department shall maximize funding from
all available federal sources to support the program.
(b) The commission and the department may require the
assistance of any state agency that has expertise about available
federal funding to support the program.
(c) The commission shall ensure that the agreement
described in Section 32.021(b), Human Resources Code, is consistent
with the requirements of Subsection (a).
(d) The department shall enter into cooperative agreements
with the Texas Workforce Commission and local workforce development
boards to facilitate the effectiveness of the program. The
department, the Texas Workforce Commission, and those boards shall
maintain one-stop centers for foster care children to obtain
services under the program.
(e) The department may enter into an agreement with any
private person to facilitate the effectiveness of the program,
including maintenance of the one-stop centers described in
Subsection (d).
(f) In this section:
(1) "Local workforce development board" means a local
workforce development board created under Chapter 2308, Government
Code.
(2) "Program" means the program administered by the
department that prepares foster children for independent living as
adults.
SECTION 24. Subchapter B, Chapter 264, Family Code, is
amended by adding Section 264.122 to read as follows:
Sec. 264.122. ANNUAL CONFIDENTIAL SURVEY. (a) The
department shall conduct an annual survey of each child provided
foster care who is at least age 10. The survey shall include
questions regarding:
(1) the quality of care and living conditions;
(2) the quality of food;
(3) recreational opportunities;
(4) any improvements that could be made to improve the
child's quality of life; and
(5) any other factor that the department considers
relevant to the child's quality of care.
(b) The department shall adopt procedures in conducting the
surveys to ensure that the identities of the respondents remain
confidential.
(c) The department may adopt rules to administer this
section.
(d) The results of the surveys conducted under this section
shall be reported annually to the Legislative Budget Board, the
governor's office of budget and planning, the legislature, and the
Health and Human Services Commission.
SECTION 25. Chapter 264, Family Code, is amended by adding
Subchapter B-1 to read as follows:
SUBCHAPTER B-1. TEXAS FOSTER GRANDMAS AND GRANDPAS PROGRAM.
Sec. 264.171. IMPLEMENTATION. (a) The department shall
partner with volunteer and advocacy organizations to develop and
implement the Texas Foster Grandmas and Grandpas Program. The
program shall provide a source of volunteer senior citizens to
mentor children in foster care facilities.
(b) From funds available for that purpose, the department
may reimburse senior volunteers who participate in the program for
actual and necessary expenses incurred from program participation,
including travel expenses. The department shall develop guidelines
that outline reimbursable expenses.
(c) Each senior volunteer is subject to a state and national
criminal background check as provided in Sections 411.114 and
411.087, Government Code.
(d) Each senior volunteer shall be supervised by foster care
facility staff.
(e) The program is subject to Chapter 2109, Government Code.
Sec. 264.172. COORDINATION WITH NONPROFIT ORGANIZATIONS.
The department shall work with nonprofit organizations to solicit
contributions for the program developed and implemented under this
subchapter.
Sec. 264.173. PARTNERING WITH THE TEXAS EDUCATION AGENCY.
(a) It is the intent of the legislature to coordinate potential
sources of funding that may be available to improve the delivery of
services to foster children. Sources of funding may include grants
for educational programs and services that may serve foster
children.
(b) The department shall partner with the Texas Education
Agency to evaluate and solicit gifts, grants, and donations for the
program.
Sec. 264.174. PUBLICITY. Each state agency that serves
children, youth, or families shall publicize the program on the
agency's websites and other relevant publications, including Texas
Online.
Sec. 264.175. SERVICE AWARDS. The department shall work
with nonprofit organizations to recognize program participants
through annual volunteer service awards.
SECTION 26. Section 264.201, Family Code, is amended by
adding Subsection (f) to read as follows:
(f) When the department applies to the federal government
under Title IV, Social Security Act (42 U.S.C. Section 601 et seq.)
for reimbursement of the department's administrative costs, the
department shall apply under the part of Title IV that maximizes the
amount of the reimbursement. This subsection applies only if
applicable law authorizes the department to use the reimbursement
to provide services directly or by contract under this subchapter.
SECTION 27. Section 264.301, Family Code, is amended by
adding Subsection (c) to read as follows:
(c) When the department applies to the federal government
under Title IV, Social Security Act (42 U.S.C. Section 601 et seq.)
for reimbursement of the department's administrative costs, the
department shall apply under the part of Title IV that maximizes the
amount of the reimbursement. This subsection applies only if
applicable law authorizes the department to use the reimbursement
to provide services under this subchapter.
SECTION 28. Section 531.003, Government Code, is amended to
read as follows:
Sec. 531.003. GOALS. The commission's goals are to:
(1) maximize federal funds through the efficient use
of available state and local resources;
(2) provide a system that delivers prompt,
comprehensive, effective services to the people of this state by:
(A) improving access to health and human services
at the local level; [and]
(B) eliminating architectural, communications,
programmatic, and transportation barriers; and
(C) ensuring that all of its contracts are
awarded fairly and in accordance with existing law, and that all of
its contracts, contractors, subcontractors, funds and expenditures
under those contracts, are monitored and reported in accordance
with applicable law in the best interests of the state and the
people of this state;
(3) promote the health of the people of this state by:
(A) reducing the incidence of disease and
disabling conditions;
(B) increasing the availability of health care
services;
(C) improving the quality of health care
services;
(D) addressing the high incidence of certain
illnesses and conditions of minority populations;
(E) increasing the availability of trained
health care professionals;
(F) improving knowledge of health care needs;
(G) reducing infant death and disease;
(H) reducing the impact of mental disorders in
adults;
(I) reducing the impact of emotional
disturbances in children;
(J) increasing participation in nutrition
programs;
(K) increasing nutritional education; and
(L) reducing substance abuse;
(4) foster the development of responsible,
productive, and self-sufficient citizens by:
(A) improving workforce skills;
(B) increasing employment, earnings, and
benefits;
(C) increasing housing opportunities;
(D) increasing child-care and other
dependent-care services;
(E) improving education and vocational training
to meet specific career goals;
(F) reducing school dropouts;
(G) reducing teen pregnancy;
(H) improving parental effectiveness;
(I) increasing support services for people with
disabilities;
(J) increasing services to help people with
disabilities maintain or increase their independence;
(K) improving access to work sites,
accommodations, transportation, and other public places and
activities covered by the federal Americans with Disabilities Act
of 1990 (42 U.S.C. Section 12101 et seq.); and
(L) improving services to juvenile offenders;
(5) provide needed resources and services to the
people of this state when they cannot provide or care for themselves
by:
(A) increasing support services for adults and
their families during periods of unemployment, financial need, or
homelessness;
(B) reducing extended dependency on basic
support services; and
(C) increasing the availability and diversity of
long-term care provided to support people with chronic conditions
in settings that focus on community-based services with options
ranging from their own homes to total-care facilities;
(6) protect the physical and emotional safety of all
the people of this state by:
(A) reducing abuse, neglect, and exploitation of
elderly people and adults with disabilities;
(B) reducing child abuse and neglect;
(C) reducing family violence;
(D) increasing services to truants and runaways,
children at risk of truancy or running away, and their families;
(E) reducing crime and juvenile delinquency;
(F) reducing community health risks; and
(G) improving regulation, accountability, and
monitoring of health and human services providers; [and]
(7) improve the coordination and delivery of
children's services; and
(8) hold health and human services providers
accountable to this state and the people of this state for all funds
accepted or managed by the providers.
SECTION 29. Section 531.0055(b), Government Code, is
amended to read as follows:
(b) The commission shall:
(1) supervise the administration and operation of the
Medicaid program, including the administration and operation of the
Medicaid managed care system in accordance with Section 531.021;
(2) perform information systems planning and
management for health and human services agencies under Section
531.0273, with:
(A) the provision of information technology
services at health and human services agencies considered to be a
centralized administrative support service either performed by
commission personnel or performed under a contract with the
commission; and
(B) an emphasis on research and implementation on
a demonstration or pilot basis of appropriate and efficient uses of
new and existing technology to improve the operation of health and
human services agencies and delivery of health and human services;
(3) monitor and ensure the effective use of all
federal funds received by a health and human services agency in
accordance with Section 531.028 and the General Appropriations Act;
(4) implement Texas Integrated Enrollment Services as
required by Subchapter F, except that notwithstanding Subchapter F,
determining eligibility for benefits under the following programs
is the responsibility of and must be centralized by the commission:
(A) the child health plan program;
(B) the financial assistance program under
Chapter 31, Human Resources Code;
(C) the medical assistance program under Chapter
32, Human Resources Code;
(D) the nutritional assistance programs under
Chapter 33, Human Resources Code;
(E) long-term care services, as defined by
Section 22.0011, Human Resources Code;
(F) community-based support services identified
or provided in accordance with Section 531.02481; and
(G) other health and human services programs, as
appropriate; [and]
(5) implement programs intended to prevent family
violence and provide services to victims of family violence; and
(6) ensure that the Department of Family and
Protective Services contracts and places foster children with
charitable providers to the fullest extent possible.
SECTION 30. Chapter 531, Government Code, is amended by
adding Subchapter G-2 to read as follows:
SUBCHAPTER G-2. COMBINING AVAILABLE FUNDING FOR WRAP-AROUND
MANAGED CARE OF FOSTER CHILDREN.
Sec. 531.261. DEFINITIONS. In this subchapter:
(1) "Foster child" means a child eligible for state
services under Chapter 264, Family Code.
(2) "Section 1915(c) Medicaid waiver" means a
federally funded Medicaid program of the state that is authorized
under Section 1915(c), Social Security Act (42 U.S.C. Section
1396n(c)).
(3) "Title IV-E waiver program" means an authorized
program that provides for federal financial participation under
Title IV-E, Social Security Act (42 U.S.C. Section 670 et seq.).
(4) "Wrap-around managed care" means the
consolidation of federal, state, and local funding available to
provide a wide variety of services tailored to meet the particular
needs of foster children.
Sec. 531.262. PILOT "WRAP-AROUND" MANAGED CARE PROGRAM.
(a) The commission shall develop a pilot program to consolidate
available funding from federal, state, and local sources to provide
an integrated level of services that meet the needs of foster
children.
(b) The program may include:
(1) applying for Section 1915(c) Medicaid waivers
authorized under the Social Security Act;
(2) expanding existing Section 1915(c) Medicaid
waivers;
(3) creating a Title IV-E waiver program; or
(4) using savings from other programs to maximize
federal funding for the wrap-around managed care program.
Sec. 531.263. POPULATION SERVED. (a) The program may
target:
(1) a particular population, such as:
(A) teens with behavioral problems; or
(B) children at risk of entering foster care; or
(2) a geographic area, such as a region with a high
percentage of children switching placements.
(b) The population served should include foster children
requiring high-cost services, such as inpatient hospital care or
inpatient psychiatric facilities.
Sec. 531.264. REPORT. The commission shall report the
results of the pilot to the governor and Legislative Budget Board
not later than November 1, 2006. The report shall include:
(1) sources of federal, state, and local funds
available for wrap-around managed care;
(2) guidelines for integrating services for foster
children served under the program;
(3) target populations that may be served by the
program;
(4) criteria for expansion of the program to target
populations; and
(5) other information the commission determines is
necessary to the success of the program.
SECTION 31. Chapter 531, Government Code, is amended by
adding Subchapter G-3 to read as follows:
SUBCHAPTER G-3. POOLED FUNDING FOR PREVENTATIVE SERVICES.
Sec. 531.271. RESOURCES. The commission and the Department
of Family and Protective Services shall develop and implement a
plan to pool funding with other state agencies and local
communities to provide preventative services designed to keep
children out of foster care.
Sec. 531.272. PREVENTATIVE SERVICES. Preventative
services may include:
(1) child and family counseling;
(2) instruction in parental and homemaking skills;
(3) parent support services;
(4) temporary respite care; and
(5) crisis services.
Sec. 531.273. REPORT. The commission shall include the
results of the pooled funding preventative services plan under this
subchapter in the report to the governor and Legislative Budget
Board required by Section 531.264.
SECTION 32. (a) Section 2155.144, Government Code, is
amended by amending Subsections (h), (i), (j), (k), (m), and (o) and
by adding Subsection (o-1) to read as follows:
(h)(1) The Health and Human Services Commission shall adopt
rules and procedures for the acquisition of goods and services
under this section that apply to all health and human services
agencies, including rules adopted with the commission's assistance
that allow an agency to make purchases through a group purchasing
program except when a better value is available through another
procurement method. The rules of the health and human services
agencies must be consistent with the rules of the Health and Human
Services Commission.
(2) The Health and Human Services Commission shall
create a foster care performance team to develop criteria to be
included in all foster care contracts. The team shall develop
clearly defined and measurable standards for foster care contracts
directly relating to factors within the control of the providers.
The team shall develop performance standards which shall include
measurable criteria for identification of foster care service
providers that do not provide quality care and that should not
receive additional contract awards and whose contracts should be
revoked.
(3) The foster care performance team created under
Subdivision (2) shall include contracting experts from multiple
state agencies, foster care providers and clients,
performance-based contract experts from the state auditor's
office, other state agencies, and other experts in outcome-based
contracts.
(4) The Health and Human Services Commission shall
create an alternative payment plan in all foster care services
contracts to encourage the reduction of the period that children
are in intensive levels of care. The incentive payment plan must
provide several alternative payment mechanisms to encourage foster
care contractors to improve the quality of care, encourage
efficient use of funding, or reduce the period of intensive care of
children under program-related client services contracts for
foster care, taking into consideration:
(A) managed care;
(B) bonuses or penalties; or
(C) regional payment mechanisms to further
create financial incentives, improve the quality of care and
encourage efficient use of funding, or other appropriate financial
mechanisms.
(5) The Health and Human Services Commission shall, in
the development of the alternative payment plan required by
Subdivision (4), design financial models considering plans for
outsourcing and input from local officials, foster care providers,
and other interested persons.
(i) The [Subject to Section 531.0055(c), the] Health and
Human Services Commission shall develop, update annually, and
provide to the state auditor for review a single statewide risk
analysis procedure. The commission and each [Each] health and
human services agency shall comply with the procedure. The
procedure must provide for:
(1) assessing the risk of fraud, abuse, or waste in
health and human services agencies contractor selection processes,
contract provisions, and payment and reimbursement rates and
methods for the different types of goods and services for which
health and human services agencies contract;
(2) identifying contracts that require enhanced
contract monitoring; [and]
(3) coordinating contract monitoring efforts among
health and human services agencies; and
(4) evaluating contracts for the care of children that
are effectively designed and monitored to minimize risk to the
life, health, safety and well-being of children, especially those
in foster care.
(j) The [Subject to Section 531.0055(c), the] Health and
Human Services Commission shall publish and provide to the state
auditor for review, and shall update at least annually, a contract
management handbook that establishes consistent contracting
policies and practices to be followed by all health and human
services agencies. The handbook shall be consistent with the
contract management handbook developed by the Health and Human
Services Commission for its agency contracts and shall supplement
and be consistent with the contracts management guide developed by
the contract advisory team under Chapter 2262. The handbook [may]
shall include standard contract provisions and formats for health
and human services agencies to incorporate [as applicable] in their
contracts and standard procedures for enforcing and monitoring
these provisions and formats. The handbook shall also include
standard contract provisions, formats and procedures that
specifically address, and refer to by date of the report, each of
the state auditor's and comptroller's major findings and
recommendations to the Health and Human Services Commission, or any
health and human service agency, on contracting. Without limiting
the foregoing requirements, the handbook shall include standard
contract provisions, formats and procedures that specifically
define and mandate:
(1) disclosure by all proposed contractors prior to
contract and contractor evaluation of any actual or potential
related party transactions, relationships, interests, and any
other actual or potential conflict of interest transactions and
relationships under or related to any proposed contract with or
administered by the Health and Human Services Commission or any
health and human services agency;
(2) disclosure by all proposed contractors prior to
contract evaluation under Subdivision (1) of the previous ten years
ownership and business history of the proposed contracting entity
and the proposed contracting entity's individual owners and key
personnel, including all other contracts with the state and all
work of a similar nature performed or contracted to be performed
with the state or any other entity, in or outside the state, during
that previous ten years;
(3) disclosure updates by all contractors throughout
the contract terms of any actual or potential changes to any
disclosures under the handbook's provisions, formats and
procedures under Subdivisions (1) and (2);
(4) measurable performance standards for a
contractor's delivery of services, including deadlines for
delivery, and evaluation under specific criteria prior to written
acceptance by the state;
(5) schedule of payments for measurable deliverables
received and accepted in writing by the state as in compliance with
all contract requirements prior to approval of payments;
(6) consequences of the contractor's failure to comply
with specific requirements of the contract, such as failure to
disclose or update disclosures under Subdivisions (1)-(3), failure
to meet performance standards under Subdivision (4), and failure to
submit compliant deliverables under Subdivision (5), including
payment of liquidated and other damages, refunding of prior
payments under the contracts, forfeiture of payments under the
contracts, immediate contract termination for cause, and
disbarment from future contracts with the Health and Human Services
Commission and the state;
(7) open and competitive, public solicitation of
contracts and contractors, with contract provisions included,
through notice to all interested parties posted on the Texas
Marketplace; and
(8) other provisions, formats and procedures
recommended by the state auditor.
(k) The [Subject to Section 531.0055(c), the] Health and
Human Services Commission, in cooperation with the comptroller,
shall establish a central contract management database that
identifies each contract made with a health and human services
agency. The commission may use the database to monitor health and
human services agency contracts, and health and human services
agencies may use the database in contracting. A state agency shall
send to the commission in the manner prescribed by the commission
the information the agency possesses that the commission requires
for inclusion in the database.
(m) The [Subject to Section 531.0055(c), the] Health and
Human Services Commission shall develop and implement a statewide
plan to ensure that each entity that contracts with a health and
human services agency and any subcontractor of the entity complies
with the accessibility requirements of the Americans with
Disabilities Act of 1990 (42 U.S.C. Section 12101 et seq.).
(o) The Health and Human Services Commission shall prepare
an annual report that assesses the compliance of each health and
human services agency with the requirements imposed under this
section, and compliance of the commission and each agency with the
major findings and recommendations of the state auditor and the
comptroller in reports to the commission or agency on contracting,
and that identifies any material risk to the state or to the clients
of the health and human services agency that results from the
agency's procurement and contracting practices. The commission may
request the assistance of the state auditor in preparing the
report. The state auditor shall conduct reviews as necessary to
assess compliance under this subsection as determined by the
Legislative Audit Committee. The commission shall file the report
with the governor, the lieutenant governor, and the speaker of the
house of representatives not later than December 15 of each year.
(o-1) The relationships and interests described in
Subsection (j) include all relationships or interests the proposed
contractor has or may have with any party to a proposed or actual
transaction with the state or the contractor if a reasonable person
could expect the proposed or actual relationship or interest to
constitute a conflict of interest, create even the appearance of
impropriety, or diminish the proposed contractor's independence of
judgment, any performances under the contract or any of the
contractor's responsibilities to the state. The relationships and
interests described in Subsection (j) include all direct, indirect,
personal, private, commercial, or business relationships and
interests, regardless of whether they are pecuniary.
(b) Section 2155.144, Government Code, as amended by
Subsection (a) of this section, applies only to a contract that is
entered into or renewed on or after the effective date of this
section. A contract entered into or renewed before that date is
governed by the law in effect on the date the contract was entered
into or renewed and the former law is continued in effect for that
purpose.
(c) Not later than September 1, 2005, the Health and Human
Services Commission shall complete and provide to the state auditor
the initial, updated single statewide risk analysis procedure
required under Section 2155.144(i), Government Code, as amended by
Subsection (a) of this section.
(d) Not later than September 1, 2005, the Health and Human
Services Commission shall complete, publish, and provide to the
state auditor and the Contract Advisory Team under Subchapter C,
Chapter 2262, Government Code, the updated handbook required by
Section 2155.144(j), Government Code, as amended by Subsection (a)
of this section.
(e) Section 2155.144(j) and (o), Government Code, as
amended by Subsection (a) of this section and relating to the state
auditor's and comptroller's major findings and recommendations to
the Health and Human Services Commission or a health and human
services agency on contracting, apply to reports dated on or after
January 1, 1999, from the state auditor and the comptroller to the
commission or a health and human services agency.
SECTION 33. (a) Subchapter C, Chapter 2155, Government
Code is amended by adding Section 2155.1442 to read as follows:
Sec. 2155.1442. FOSTER CARE RESIDENTIAL CONTRACTS. The
Health and Human Services Commission shall approve, prior to
signature, all contracts tentatively awarded, subject to such
approval by the commission, by the Department of Family and
Protective Services, or its designee for the care of foster
children. Prior to approval, the commission shall ensure that each
contract:
(1) includes provisions, formats, and procedures in
the commission's handbook published under Section 2155.144,
including those required under Section 2155.144(j)(1)-(8);
(2) requires the department's contract management
employees to make no less than four unannounced visits per year to
the contractor's facilities and report their findings to the Health
and Human Services Commission; and
(3) prevents a contractor or other residential care
provider from rejecting or removing foster children from its
facility prior to completion of a departmental review and receiving
written approval from the department's executive director.
(b) Section 2155.1442(c), Government Code, as added by
Subsection (a) of this section, applies only to a contract that is
entered into or renewed on or after the effective date of this
section. A contract entered into or renewed before that date is
governed by the law in effect on the date the contract was entered
into or renewed and the former law is continued in effect for that
purpose.
SECTION 34. (a) Subchapter C, Chapter 2155, Government
Code, is amended by adding Section 2155.1443 to read as follows:
Sec. 2155.1443. FOSTER CARE RESIDENTIAL CONTRACT
MANAGEMENT. (a) The state auditor shall conduct a management
review of the contract management employees of the Health and Human
Services Commission and the Department of Family and Protective
Services and make recommendations regarding the organization of,
and skills and educational requirements for, those employees. The
state auditor shall, in this review, also make recommendations
regarding the implementation of financial accountability
provisions and processes to ensure effective and efficient
expenditure of state and other contract funds. The state auditor
shall report annually to the governor, lieutenant governor, the
speaker of the house of representatives, and the comptroller on the
auditor's recommendations and the commission's and the department's
implementation of each recommendation.
(b) The Health and Human Services Commission, in
coordination with the state auditor, shall perform complete,
on-site financial audits of selected contractors as needed. The
state auditor shall select these contractors based on the
contract's risk assessment rating, allegations of fraud or misuse
of state or other contract funds, or other appropriate audit
selection criteria. The state auditor shall include findings from
these on-site financial audits in the annual report to the governor
and other representatives of the state as required by Section
2155.1443(a). The state auditor, however, shall immediately report
to the governor and other representatives under Subsection (a) any
findings of fraud or other misuse of state or other contract funds.
(c) The executive director of the Department of Family and
Protective Services shall review and provide final approval, on
behalf of the department, for each contract related to the care of
foster children and their families that has an anticipated value
over $25,000 in any one contract year. Other than the oversight of
the Health and Human Services Commission of the department's
contracts, this final contract approval authority may not be
delegated to other department employees or another agency.
(d) The executive director of the Department of Family and
Protective Services shall ensure that all files related to
contracts for the residential care of foster children are complete
and accurately reflect a contractor's actual, updated contract
performance on an ongoing basis. The executive director shall
ensure that the files are retained and available to the state
auditor and other representatives of the state in either paper,
digital, or image form, and in accordance with the department's
records retention procedures, for no less than ten years after the
end of the contract term or final resolution of any issues under a
terminated or expired contract, whichever is later. The department
shall develop a database using information in the files to track
contractor performance, governance, and employees. The department
shall use the database to assist the department in performing
background criminal and financial checks on proposed contractors
and contractors, their corporate and other ownership, related
parties, and employees.
(e) The department may develop an Internet-based system to
enable contractors to review their reimbursement accounts or other
pertinent financial data and reconcile their accounts.
(b) Section 2155.1443, Government Code, as added by
Subsection (a) of this section, applies only to a contract that is
entered into or renewed on or after the effective date of this
section. A contract entered into or renewed before that date is
governed by the law in effect on the date the contract is entered
into or renewed and the former law is continued in effect for that
purpose.
(c) Not later than December 1, 2005, the state auditor shall
complete and publish the management review and report required by
Section 2155.1443(a)-(b), Government Code, as added by Subsection
(a) of this section.
(d) Not later than September 1, 2005, the Health and Human
Services Commission, in coordination with the state auditor, shall
begin the on-site financial reviews of selected contractors
required by Section 2155.1443(b), Government Code, as added by
Subsection (a) of this section.
(e) Not later than December 1, 2005, the Department of
Family and Protective Services shall complete the database required
by Section 2155.1443(d), Government Code, as added by Subsection
(a) of this section.
SECTION 35. (a) Section 32.024, Human Resources Code, is
amended by adding Subsection (aa) to read as follows:
(aa) The Health and Human Services Commission shall include
in any agreement described in Section 32.021(b) a provision
providing for payment of the cost of providing rehabilitative
services to a child in a residential treatment center or a similar
facility if:
(1) the Department of Family and Protective Services
has been named managing conservator of the child; and
(2) federal matching funds are available for the
payment.
(b) This subsection applies if an agreement described in
Section 32.021(b), Human Resources Code, does not include on the
effective date of this section the provision described in Section
32.024(aa), Human Resources Code, as added by Subsection (a) of
this section. As authorized by federal law concerning the
amendment of state plans for medical assistance, the Health and
Human Services Commission, with the cooperation and assistance of
the Department of Family and Protective Services, shall amend the
agreement to include the provision. The amendment shall be
completed as soon as possible after the effective date of this
section.
SECTION 36. (a) Section 40.058(b)-(c), Human Resources
Code, is amended by amending Subsections (b) and (c) and adding
Subsections (f)-(i) to read as follows:
(b) A contract for the purchase of program-related client
services must include:
(1) clearly defined goals and outcomes that can be
measured to determine whether the objectives of the program are
being achieved;
(2) clearly defined sanctions or penalties for
noncompliance with contract terms; [and]
(3) clearly specified accounting, reporting, and
auditing requirements applicable to money received under the
contract; and
(4) clearly defined performance standards that relate
directly to the quality of care provided to residents of foster care
facilities.
(c) The department shall monitor a contractor's performance
under a contract for the purchase of program-related client
services. In monitoring performance, the department shall:
(1) use a risk-assessment methodology to ensure
compliance with financial and performance requirements under the
contract; [and]
(2) obtain and evaluate program cost information to
ensure that all costs, including administrative costs, are
reasonable and necessary to achieve program objectives; and
(3) review and evaluate all foster care service
provider contracts against the performance standards set forth in
Subsection (b)(4) for compliance with all performance standards of
the contract.
(f) The department shall terminate a contract with a
foster-care service provider contract if the contractor does not
meet the specific performance standards set forth in Subsections
(b)(4) and (c)(3). The department may not award or renew a foster
care services contract with such contractor if the contractor does
not meet such performance standards.
(g) The Health and Human Services Commission shall create a
foster care performance team to develop performance criteria for
foster care contracts. The team shall include contracting experts
from multiple state agencies, foster care providers and clients,
performance-based contract experts from the state auditor, other
state agencies, and other experts in outcome-based contracts. The
department shall adopt the clearly defined performance standards
for inclusion in foster care contracts as developed and recommended
by the team. The team shall develop clearly defined and measurable
standards for foster care contracts directly relating to factors
within the control of the providers. The team shall develop
performance standards which shall include measurable criteria for
identification of foster care service providers that do not provide
quality care and that should not receive additional contract awards
and whose contracts should be revoked.
(h) The department shall use performance-based contracting
as recommended by the Health & Human Services Commission's foster
care performance team as provided in Section 2155.144(h)(2),
Government Code.
(i) The department shall use alternative payment
contracting in its foster care contracts as recommended by the
Health & Human Services Commission and provided in Section
2155.144(h)(2), Government Code.
(b) Section 40.058(b)(4), (c)(3), (f), and (g), Human
Resources Code, as added by Subsection (a) of this section, applies
only to a program-related client services contract for the delivery
of foster care services or residential treatment center services or
similar services that is entered into or renewed on or after the
effective date of this section. A contract for those services
entered into or renewed before that date is governed by the law in
effect on the date the contract is entered into or renewed and the
former law is continued in effect for that purpose.
SECTION 37. (a) Subchapter A, Chapter 42, Human Resources
Code, is amended by adding Section 42.003, to read as follow:
Sec. 42.003. INFORMATION. The department shall require
caseworkers to update information in the foster children database
within 24 hours of a change in the child's placement location or
runaway status.
(b) The Department of Family and Protective Services shall
adopt rules and establish standards, policies, and procedures to
implement and administer Section 42.003, Human Resources Code, as
added by Subsection (a) of this section, not later than January 1,
2006.
SECTION 38. Subchapter A, Chapter 42, Human Resources Code,
is amended by adding Section 42.004 to read as follows:
Sec. 42.004. DATABASE OF MISSING CHILDREN. (a) The
department shall establish and maintain a separate database
dedicated to information about children in the foster care system
whose location is unknown.
(b) The database shall include photographs and other
identifying information, as well as medical and placement history.
(c) The information in the database shall be made available
to law enforcement agencies, the medical community, schools, and
others who would be involved in statewide efforts to locate missing
foster children.
(d) Notwithstanding any other statute, information
described in this section is considered to be public information.
SECTION 39. Subchapter A, Chapter 42, Human Resources Code,
is amended by adding Section 42.005, to read as follows:
Sec. 42.005. INTAKE DATABASE. (a) The department shall
ensure that its statewide computerized intake system is designed
and operated in such a way that the system identifies each call that
relates to a foster child.
(b) All cases involving calls to which Subsection (a)
applies shall be tracked and assigned in such a way that it is
clearly known to any employee working on the case that the matter
involves a foster child.
(b) The Department of Family and Protective Services shall
adopt rules and establish standards, policies, and procedures to
implement and administer Section 42.005, Human Resources Code, as
added by Subsection (a) of this section, not later than January 1,
2006.
SECTION 40. (a) Subchapter A, Chapter 42, Human Resources
Code, is amended by adding Section 42.006 to read as follows:
Sec. 42.006. MISSING CHILDREN WEBSITE. (a) The department
shall develop and implement a program to display on its internet
website the name, age, photograph, and location information about
any child in the foster care system who has been reported as
missing. The department may also display other relevant
information that the department determines will be useful in
efforts to locate and ensure the safety of a child described in this
section.
(b) Notwithstanding any other statute, information required
to be provided under this section is considered to be public
information.
(c) The department shall regularly update the website by
adding additional information that becomes available and by
deleting the information about a child who is no longer missing.
(b) The Department of Family and Protective Services shall
adopt rules and establish standards, policies, and procedures to
implement and administer Section 42.006, Human Resources Code, as
added by Subsection (a) of this section, not later than January 1,
2006.
SECTION 41. Section 42.041, Human Resources Code, is
amended by adding Subsections (f)-(j) to read as follows:
(f) Not later than September 1, 2005, the department shall
institute a rulemaking proceeding under Chapter 2001, Government
Code, for the complete review and revision of its licensing rules.
The revised rules must be more stringent and expressly provide for
the licensing of all residential care facilities that are subject
to this section, including all therapeutic camps and associated
campsites. The revised rules must provide for the revocation of any
license for failure to comply with a rule of the Department of State
Health Services, for any violation of a rule of the department, or
for any other reason as determined by the department. The revised
rules shall ensure that the license of any facility engaged in
repetitive or recurring violations of the department's licensing
standards are revoked. The revised rules shall be adopted in time
for them to take effect not later than January 1, 2006.
(g) Each therapeutic camp or associated campsite must be
licensed by the department. The department's rules that govern the
qualifications that apply to staff of a residential treatment
center shall apply to all staff of a therapeutic camp. No
therapeutic camp or associated campsite may provide residential
care for any period longer than 21 days, unless licensed as a
permanent therapeutic camp.
(h) No officer, director, board member, or administrator of
any residential care facility that has been the subject of license
revocation, or that has voluntarily relinquished its license upon
investigation, may hold a license or operate a residential child
care facility in the state, and no licensed facility may employ any
such officer, director, board member, or administrator.
(i) Each licensed residential childcare facility shall be
inspected at least annually by the Texas Department of State Health
Services and the Texas Commission on Environmental Quality for
compliance with health and environmental regulations. In addition,
the department shall conduct at least an annual inspection, and
more frequent inspections as may be warranted by conditions, of
each licensed residential care facility to ensure compliance with
all licensing standards applicable to the facility established by
the department. The department through such inspections shall
determine compliance with all licensing standards. The department
shall provide training at least annually to all staff that visit
residential child care facilities that shall include training
regarding licensing standards.
(j) The department shall establish a database, accessible
by all foster care facilities and caregivers, identifying and
describing its licensing requirements and the best practices to be
followed in providing residential foster care.
SECTION 42. (a) Section 42.042, Human Resources Code, is
amended by adding Subsection (q) to read as follows:
(q) Each licensed residential or foster home shall notify
the department and the appropriate local law enforcement agency
immediately upon determining that a child is missing from the
facility or foster home.
(b) The Department of Family and Protective Services shall
adopt rules and establish standards, policies, and procedures to
implement and administer Section 42.042(q), Human Resources Code,
as added by Subsection (a) of this section, not later than January
1, 2006.
SECTION 43. (a) Subchapter C, Chapter 42, Human Resources
Code, is amended by adding Section 42.0428 to read as follows:
Sec. 42.0428. PERSONAL RESTRAINT METHODS. (a) The
department shall identify and maintain a list of approved behavior
management systems that incorporate personal restraints that are
appropriate and safe for use with children.
(b) The department shall develop licensing standards that
include requirements to use only the approved personal restraint
techniques and procedures identified under Subsection (a). The
standards also must include training requirements for persons
utilizing personal restraint at licensed child-care facilities and
a requirement that the training be conducted only by persons
certified to conduct the training.
(c) The department shall adopt rules and establish
standards, policies, and procedures to administer this section.
(b) The Department of Family and Protective Services shall
adopt the rules required by Section 42.0428, Human Resources Code,
as added by Subsection (a) of this section, not later than January
1, 2006.
SECTION 44. Section 42.044, Human Resources Code, is
amended by adding Subsections (e)-(g) to read as follows:
(e) The department shall maintain standardized criteria and
questions for the inspections and investigations conducted by the
department's employees under this section.
(f) An employee of the department who conducts an inspection
or investigation under this section shall document fully in the
division's database:
(1) the results of the inspection or investigation;
(2) the reasoning for any recommendation or decision
made by the employee during the inspection or investigation; and
(3) any action related to the investigation that is
taken by the employee after the inspection or investigation is
completed.
(g) The department shall maintain an independent quality
assurance program that audits the department's inspection or
investigatory reports under this section for accuracy and
completeness. An audit that is conducted in compliance with
generally recognized sampling techniques satisfies the
requirements of this subsection. The department shall retain the
results of an audit conducted under this subsection for at least
five years after the audit is completed.
SECTION 45. Section 42.0442, Human Resources Code, is
amended by adding Subsection (d) to read as follows:
(d) The department shall make the data collected by the
department under this section directly available to judges,
juvenile probation officers, and investigators from the Juvenile
Probation Commission for the purpose of administering programs or
enforcing laws within the jurisdiction of the respective judge,
juvenile probation officer, or Juvenile Probation Commission
investigator. If a child-care inspection database is developed as
provided by this section, the department shall make the information
available through that database or other available electronic
information systems. Access to data information under this
subsection shall mean full viewing access.
SECTION 46. Section 42.046, Human Resources Code, is
amended by adding Subsections (e)-(g) to read as follows:
(e) The department shall maintain standardized criteria and
questions for the investigations conducted by the department's
employees under this section.
(f) An employee of the department who conducts an
investigation under this section shall document fully in the
division's database:
(1) the results of the investigation;
(2) the reasoning for any recommendation or decision
made by the employee during the investigation; and
(3) any action related to the investigation that is
taken by the employee after the investigation is completed.
(g) The department shall maintain an independent quality
assurance program that audits the department's investigatory
reports under this section for accuracy and completeness. An audit
that is conducted in compliance with generally recognized sampling
techniques satisfies the requirements of this subsection. The
department shall retain the results of an audit conducted under
this subsection for at least five years after the audit is
completed.
SECTION 47. Section 42.056, Human Resources Code, is
amended by amending Subsection (b) and adding Subsections (d)-(f)
to read as follows:
(b) The department shall conduct background and criminal
history checks using:
(1) the information provided under Subsection (a);
(2) the information made available by the Department
of Public Safety under Section 411.114, Government Code, and [or]
by the Federal Bureau of Investigation or other criminal justice
agency under Section 411.087, Government Code; and
(3) the department's records of reported abuse and
neglect.
(d) The department shall provide the results of a background
or criminal history check conducted under this section regarding a
prospective employee to a director, owner, or operator of a
residential child care facility.
(e) The department shall provide information regarding a
person's prior employment in Texas residential childcare to any
prospective employer as part of a background check under this
section.
(f) No person described in Subsection (a)(1) or (2) may
provide direct care or have direct access to a child in a
residential child care facility prior to the completion of the
person's background check, criminal history check, and mandatory
drug test.
SECTION 48. (a) Subchapter C, Chapter 42, Human Resources
Code, is amended by adding Section 42.057 to read as follows:
Sec. 42.057. RISK ASSESSMENT (a) The department shall
perform a risk assessment of any employee or volunteer who has been
convicted of a crime before the individual is allowed access to a
child who is provided care under this chapter. The department shall
develop similar criteria for any person 14 years of age or older who
will regularly or frequently be staying at the facility or home
while children are being provided care.
(b) The department shall develop and maintain risk
assessment criteria to ensure the safety and well-being of a
child's physical or mental health or welfare.
(c) The department shall adopt rules to administer this
section.
(b) The Department of Family and Protective Services shall
adopt rules under Section 42.057, Human Resources Code, as added by
Subsection (a) of this section, not later than January 1, 2006.
SECTION 49. (a) Subchapter C, Chapter 42, Human Resources
Code, is amended by adding Section 42.058 to read as follows:
Sec. 42.058. REQUIRED CHILD FATALITY INVESTIGATION.
(a) The department shall investigate the death of a child in
foster care or other residential care. The investigation shall
include a review of the child's living arrangements, the
circumstances involved in the death, and any recommendations for
policy or procedural changes that could help prevent the death or
extend the life of a child in a similar circumstance.
(b) The department shall refer all unexpected deaths for
investigation in accordance with the procedures outlined in
Sections 264.514 and 264.515, Family Code.
(c) The department shall prescribe the content and form of
information to be included in the child's death investigation file.
The file shall include at a minimum:
(1) the results of any investigation performed under
this section;
(2) the department's child death report forms, intake,
and licensing investigation reports;
(3) any referral to a child fatality committee;
(4) any medical examiner report, autopsy report,
medical record, police report, photograph, or recording related to
the death;
(5) the child's facility admissions, treatment, and
service plans;
(6) a list of any medications administered to the
child;
(7) the child's foster home placement history records;
(8) a list of any licensing violations of the
child-care facility that provided care to the child;
(9) a description of any prior allegations of abuse or
neglect against the child's caregiver; and
(10) any log or progress notes concerning the child
not otherwise described in this subsection.
(d) A copy of the investigation file shall be maintained at
both the department's central office and the appropriate department
regional office.
(e) The department shall forward the full contents of the
child's death investigation file to the state risk manager and the
appropriate internal and external child fatality review team
committees.
(f) The department shall adopt rules and establish policies
and procedures to administer this section.
(g) In this section, "unexpected death" has the meaning
assigned by Section 264.501, Family Code.
(b) The Department of Family and Protective Services shall
adopt the rules required by Section 42.058, Human Resources Code,
as added by Subsection (a) of this section, not later than January
1, 2006.
SECTION 50. (a) Subchapter C, Chapter 42, Human Resources
Code is amended by adding Section 42.061 to read as follows:
Sec. 42.061. PLACEMENTS OF CERTAIN CHILDREN. (a) The
department shall prohibit the placement of a child who has:
(1) been convicted of a sexually related offense;
(2) pleaded guilty to a sexually related offense;
(3) pleaded nolo contendere or no contest to a
sexually related offense; or
(4) been reported to have a history of inappropriate
sexual conduct with a child in a residential child care facility who
has no record or history of sexually related conduct.
(b) The department shall prohibit the placement of a child
who has:
(1) been convicted of assault, battery, or other
violent offense;
(2) pleaded guilty to assault, battery, or other
violent offense;
(3) pleaded nolo contendere or no contest to assault,
battery, or other violent offense; or
(4) been reported to have a history of violent
behavior with a child in a residential child care facility who does
not have a record or history of violent behavior.
(c) The department shall prohibit the placement of a child
who has a history or record of having been sexually abused with a
child in a residential child care facility who does not have a
history of being sexually abused, unless a psychologist or licensed
therapist has determined that it is in the best interest of both
children to be placed together.
(d) The department shall review all current placements to
ensure compliance with this section.
(e) The department shall adopt rules to administer this
section.
(b) The Department of Family and Protective Services shall
adopt the rules required by Section 42.061(e), Human Resources
Code, as added by Subsection (a) of this section, not later than
January 1, 2006.
SECTION 51. Subchapter C, Chapter 42, Human Resources Code,
is amended by adding Section 42.062 to read as follows:
Sec. 42.062. DRUG TESTING. (a) Each residential child
care provider regulated by the department shall establish and
maintain a drug testing policy for its employees. The provider may
adopt the model drug testing policy adopted by the department under
Subsection (b) or another policy.
(b) The department by rule shall adopt a model drug testing
policy for use by foster care providers. The policy must be
designed to ensure the safety of child residents through
appropriate drug testing and to protect the rights of employees.
The policy must require random, unannounced drug testing for each
employee that has direct contact with a child resident of the foster
care facility.
(c) The department shall require a drug test of a person who
directly cares for or has access to a child in a residential care
facility within 24 hours after the department receives notice of an
allegation that the person has abused drugs.
SECTION 52. Subchapter C, Chapter 42, Human Resources Code,
is amended by adding Section 42.063 to read as follows:
Sec. 42.063. REPORTING OF INCIDENTS AND VIOLATIONS. (a) A
person that is required to obtain a license under Section 42.041
shall report to the department each serious incident involving a
child who receives services from the person, regardless of whether
the department is the managing conservator of the child.
(b) A person that is required to obtain a license under
Section 42.041 shall report to the department any potential
violation of a requirement of this chapter.
(c) An employee of a person described in Subsection (a) or
(b) is required to report suspected abuse or neglect directly to the
statewide intake system.
(d) An employee or volunteer of a child-care institution,
child placing agency, foster home, or foster group home shall
report any serious incident directly to the department if the
incident involves a child under the care of the institution or home.
(e) A foster parent shall report any serious incident
directly to the department if the incident involves a child under
the care of the parent.
(f) An employee of the department shall report to the
department any potential violation of a requirement of this
chapter.
(g) A report under this section must be provided according
to the rules adopted and procedures established by the department.
(h) In this section, "serious incident" means any suspected
or actual incident that threatens or impairs the basic health,
safety, or well-being of a child. The term includes:
(1) the arrest, abuse, neglect, exploitation, running
away, attempted suicide, or death of a child;
(2) a critical injury of a child; and
(3) an illness of a child that requires
hospitalization.
SECTION 53. (a) The department shall study the feasibility
of requiring psychological testing of all foster care provider
employees who have direct contact with children. The purpose of the
study is to:
(1) identify the psychological tests that would
provide a means to identify individuals who may pose a danger or
risk to children in foster care;
(2) determine the least costly approaches to
implementing a policy of required psychological testing; and
(3) recommend policies to ensure the appropriate and
lawful use of the tests.
(b) In conducting the study, the department shall consult
with local police, fire, and emergency medical services departments
that use psychological testing to screen recruits.
(c) The department may use funds appropriated for foster
care purposes to perform the study or to contract with another
entity to perform the study on the department's behalf.
(d) The department shall report the findings of the study to
the legislature and the governor.
(e) In this section, "department" means the Department of
Family and Protective Services.
SECTION 54. (a) Except as provided in Subsections (b) and
(c) of this section, this Act takes effect immediately if it
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this Act takes effect September 1, 2005.
(b) Sections 6, 7, 8, 9, 13, 14, 24, 37, 38, 39, 40, 41, 42,
43, 45, 47, 48, 49, 50, 51, and 53 of this Act take effect September
1, 2005.
(c) Sections 44, 46, and 52 of this Act take effect January
1, 2006.